Zhang (Migration)

The Administrative Appeals Tribunal considered an application by Ms Zhang for a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether Ms Zhang met the health requirement for the visa.

The Tribunal was required to determine if Ms Zhang satisfied Public Interest Criterion 4005, as relevant to clause 485.216(1) of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that it was able to reach a decision in favour of the applicant based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the Migration Act 1958. Accordingly, the Tribunal remitted the application for reconsideration with a direction that Ms Zhang meets the specified health criterion.